Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance

[2018] FWCA 2083

[2018] FWCA 2083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance
(AG2017/5323)

PROGRAMMED INDUSTRIAL MAINTENANCE KWINANA NICKEL REFINERY SERVICES AGREEMENT 2017-2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 APRIL 2018

Application for approval of the Programmed Industrial Maintenance Kwinana Nickel Refinery Services Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Kwinana Nickel Refinery Services Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 April 2018 and, in accordance with s.54, will operate from 18 April 2018. The nominal expiry date of the Agreement is 11 April 2022.

COMMISSIONER

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Annexure A